Uniloc_v_Laminar_Research by mmasnick

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									                      IN THE UNITED STATES DISTRICT COURT
                       FOR THE EASTERN DISTRICT OF TEXAS
                                 TYLER DIVISION

UNILOC USA, INC. and UNILOC                    §
LUXEMBOURG S.A.,                               §
                                               §        CIVIL ACTION NO. 6:12-cv-468
       Plaintiffs,                             §
                                               §          JURY TRIAL DEMANDED
v.                                             §
LAMINAR RESEARCH, LLC,                         §
       Defendant.                              §


       Plaintiffs Uniloc USA, Inc. (“Uniloc USA”) and Uniloc Luxembourg S.A. (“Uniloc

Luxembourg”) (collectively, “Uniloc”) file this Original Complaint against Laminar Research,

LLC for infringement of U.S. Patent No. 6,857,067 (“the ’067 patent”).

                                       THE PARTIES

       1.      Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation with its headquarters

and principal place of business at Legacy Town Center I, Suite 380, 7160 Dallas Parkway, Plano,

Texas 75024. Uniloc USA also maintains a place of business at 315 North Broadway, Suite 307,

Tyler, Texas 75702.

       2.      Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a corporation organized and

existing under the laws of Luxembourg with its principal place of business at 15, rue Edward

Steichen, L-2540, Luxembourg.

       3.      Uniloc Luxembourg and Uniloc USA are collectively referred to as “Uniloc.”

Uniloc researches, develops, manufactures and licenses information security technology


solutions, platforms and frameworks, including solutions for securing software applications and

digital content.    Uniloc’s patented technologies enable software and content publishers to

securely distribute and sell their high-value technology assets with minimum burden to their

legitimate end users. Uniloc’s technology is used in several markets, including software and

game security, identity management, intellectual property rights management, and critical

infrastructure security.

        4.      Laminar Research, LLC (“Laminar Research”) is a South Carolina limited

liability company with its principal place of business in Columbia, South Carolina. Laminar

Research may be served with process through its registered agent, Austin Meyer, 5001 Radcliff

Rd., Columbia, South Carolina 29206. Upon information and belief, Laminar Research does

business in the State of Texas and in the Eastern District of Texas.

                                   JURISDICTION AND VENUE

        5.      Uniloc brings this action for patent infringement under the patent laws of the

United States, namely 35 U.S.C. §§ 271, 281, and 284-285, among others. This Court has

subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.

        6.      Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and

1400(b). On information and belief, Defendant is deemed to reside in this judicial district, has

committed acts of infringement in this judicial district, has purposely transacted business

involving its accused products in this judicial district and/or, has regular and established places

of business in this judicial district.

        7.      Defendant is subject to this Court’s specific and general personal jurisdiction

pursuant to due process and/or the Texas Long Arm Statute, due at least to its substantial

business in this State and judicial district, including: (A) at least part of its infringing activities

alleged herein; and (B) regularly doing or soliciting business, engaging in other persistent

conduct, and/or deriving substantial revenue from goods sold and services provided to Texas


                                   COUNT I
                    (INFRINGEMENT OF U.S. PATENT NO. 6,857,067)

       8.      Uniloc incorporates paragraphs 1 through 7 herein by reference.

       9.      Uniloc Luxembourg is the owner, by assignment, of the ’067 patent, entitled


ELECTRONIC DATA.” A true and correct copy of the ’067 patent is attached as Exhibit A.

       10.     Uniloc USA is the exclusive licensee of the ’067 patent with ownership of all

substantial rights in the ’067 patent, including the right to grant sublicenses, exclude others and

to enforce, sue and recover damages for past and future infringements.

       11.     The ’067 patent is valid, enforceable and was duly issued in full compliance with

Title 35 of the United States Code.

       12.     Laminar Research is directly infringing one or more claims of the ’067 patent in

this judicial district and elsewhere in Texas, including at least claim 107, without the consent or

authorization of Uniloc, by or through making, using, offering for sale, selling and/or importing

Android based applications for use on cellular phones and/or tablet devices that require

communication with a server to perform a license check to prevent the unauthorized use of said

application, including, but not limited to, X-Plane.

       13.     Uniloc has been damaged as a result of Defendant’s infringing conduct described

in this Count. Defendant is, thus, liable to Uniloc in an amount that adequately compensates it

for Defendant’s infringements, which, by law, cannot be less than a reasonable royalty, together

with interest and costs as fixed by this Court under 35 U.S.C. § 284.


                                       JURY DEMAND

       Uniloc hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil


                                     PRAYER FOR RELIEF

       Uniloc requests that the Court find in its favor and against Defendant, and that the Court

grant Uniloc the following relief:

       a.      Judgment that one or more claims of the ’067 patent has been infringed, either
               literally and/or under the doctrine of equivalents, by Defendant;

       b.      Judgment that Defendant account for and pay to Uniloc all damages to and costs
               incurred by Uniloc because of Defendant’s infringing activities and other conduct
               complained of herein;

       c.      Judgment that Defendant account for and pay to Uniloc a reasonable, on-going,
               post judgment royalty because of Defendant’s infringing activities and other
               conduct complained of herein;

       d.      That Uniloc be granted pre-judgment and post-judgment interest on the damages
               caused by Defendant’s infringing activities and other conduct complained of
               herein; and

       e.      That Uniloc be granted such other and further relief as the Court may deem just
               and proper under the circumstances.

Dated: July 20, 2012                         Respectfully submitted,

                                             /s/ Barry J. Bumgardner (w/permission Wesley Hill)
                                             Barry J. Bumgardner
                                             Lead Attorney
                                             Texas State Bar No. 00793424
                                             Steven W. Hartsell
                                             Texas State Bar No. 24040199
                                             NELSON BUMGARDNER CASTO, P.C.
                                             3131 West 7th Street, Suite 300
                                             Fort Worth, Texas 76107
                                             Phone: (817) 377-9111
                                             Fax: (817) 377-3485

                                             James L. Etheridge
                                             Texas Bar No. 24059147

    2600 E. Southlake Blvd., Suite 120 / 324
    Southlake, Texas 76092
    Telephone: (817) 470-7249
    Facsimile: (817) 887-5950

    T. John Ward, Jr.
    Texas State Bar No. 00794818
    E-mail: jw@wsfirm.com
    J. Wesley Hill
    Texas State Bar No. 24032294
    P.O. Box 1231
    1127 Judson Rd., Ste. 220
    Longview, Texas 75606-1231
    (903) 757-6400
    (903) 757-2323 (fax)

    Attorneys for Plaintiffs
    Uniloc USA, Inc. and Uniloc Luxembourg S.A.



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